Wednesday, October 12, 2011

What kind of attorney takes a case for a church childcare over medicating a child

What kind of attorney takes a case for a church childcare over medicating a child?
What kind of attorney takes a case for a church childcare over medicating a child then getting caught lying to the health department- nearly getting shut down? I have consulted a few but they said they don't specialize in that field and they wouldn't know where to send me. UGH!!! Someone help!
Law & Ethics - 3 Answers

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1 :
A personal injury attorney might take it. But you have to show there was some kind of significant injury to the child. Otherwise, I don't think any kind of attorney will take it. It depends on how long it went on and how it affected the child. This is NOT a civil rights issue unless it was a form of discrimination.
2 :
There are personal injury attorneys who specifically focus on childcare negligence, including improper medication. That could even fall under a civil rights violation, which would not require physical damages, as the violation of civil rights is damage in and of itself. Forcing medication on a child that doesn't need it and without the parent's consent seems like a huge violation. Search your state's bar directory for attorneys that practice in civil rights (children) or personal injury. You can also search by state & specialty at Martindale Hubbell.
3 :
I think it depends upon what you are trying to do. Are you trying to sue for damages? Was your child injured or did he/she suffer pain or distress? If your child was injured, you need a personal injury attorney. If the fact that the day care forced medication on your child just really makes you furious, but at the end didn't cause more harm than that, I don't know that you have a cause of action. This may be why attorneys are being sort of vague in their refusals to represent you. They have to be careful about saying "you don't have a case," because if it turns out later that the person did have a case, and the person misses a statute of limitations based on that advice, that attorney could be on the hook. I would visit another few personal injury attorneys and ask them some more blunt questions about whether you even have a case. Sorry, I would be furious too, I just don't know what else to tell you.

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